Employment contracts

Getting a contract of employment right is extremely important. The contract of employment sets out the principle statement of terms and conditions of employment between employer and employee.

Essentially the contract of employment sets out the employment:

Conditions

Rights

Responsibilities

Duties

All employees have a contract of employment with the employer, as soon as the employee accepts an offer of employment a contract exists. An employment contract doesn’t have to be written however, the law requires that you inform your employees about your employment policies and their main terms of employment within two calendar months of starting.

Having a written contract is an easy way to comply with employment law that helps you avoid confusion and protects your business in the event of a disagreement.

Both employers and employee must abide by the terms of the contract until it ends or the employment contract is changed. Usually, the employer and employee need to agree to make changes to the employment contract.

All our employment contract templates are designed to:

Offer legal protection

Meet the terms required by law

Work in harmony with our other documents

What are employment contracts?

Employment contracts outline the terms by which you employ they may be verbal, written, implied or a mixture of all three. However, verbal and implied employee contracts can be as binding as a written one, but the terms are difficult to prove in the event of any dispute.

When does an employment contracts first exist?

The employment contract first exists once the job applicant unconditionally accepts your offer of employment.

What are your employment contract obligations?

Even if you do not issue written employment contracts, you have a legal obligation to provide most employees with a written statement of main employment particulars within 2 months of the start of their employment. A written statement is not itself the contract but provides evidence of the terms and conditions of employment between you and the employee.

Changing employment contracts?

The main Terms and Conditions of Employment cannot be varied without the consent of the employee, however, in some cases an employer may impose changes for business reasons.

If an employee won’t agree to a proposed change in Terms and Conditions of Employment, the employer must first consider, whether the proposed changes would be a breach of contract. Any employee, who is dismissed or is forced to resign, may well consider pursuing the employer for unfair dismissal.